The Cuban statement also said that Gross’ weight is “normal” and he engages in a “voluntary regimen of systematic physical exercise” that, together with “a balanced diet of his choice,” has eliminated “his previous condition of obesity.”
Gross’ lawyer, Jared Genser, responded today with a complaint that Cuba had released information on his client’s medical condition that should be treated confidentially. (Genser himself had no compunction about releasing last month a report on Gross’ medical condition written by a U.S. doctor who had not examined him.)
Here are stories from AP and the New York Times. Also, an AP article from yesterday on a visit made to Mr. Gross by a U.S. physician who is also a rabbi, another from Global Post, and a ridiculous article by Professor Jaime Suchlicki of the University of Miami.
Several of these articles mention a lawsuit that attorneys for Mr. Gross filed against the U.S. government seeking compensation for his suffering based on the government’s alleged negligence. Today’s Times story includes this:
Scott Gilbert, one of the Gross
family’s lawyers, said the case could be especially damaging for the State
Department and DAI if the discovery process produces more examples of
unqualified and ill-prepared contractors sent to Cuba. He said the suit would
draw attention to the American government’s pro-democracy effort, which Mr.
Gilbert described as “flawed in conception” and “completely messed up” in
execution.
The main complaint in the lawsuit
is here
(pdf). Some points of interest:
·
It sets out very clearly (p.9) that the USAID
program derives from the Helms-Burton law and is geared toward changing the
political order in Cuba.
·
It cites elements of USAID manuals that discuss
counterintelligence training (p.11).
·
It claims that the U.S. Interests Section and
USAID were supposed to be communicating with each other regarding Mr. Gross’
trips (p.19). What I understand from
U.S. officials is that at the time of the arrest, U.S. diplomats in Cuba had no
idea who he was or what he was doing, and that only after this episode was a
mechanism established whereby the State Department would be informed when USAID
operatives were going into Cuba.
·
Beginning on page 20, it reviews Mr. Gross’
trips to Cuba, noting that in each instance he came home, he warned his
employer (DAI, a USAID contractor based in Maryland) about the risks inherent
in his activity (perceived by him and the Cubans with whom he was working),
those warnings were ignored, he was often urged by DAI to get on with the
program, he returned to Cuba, and DAI continued making money from the program.
Interesting reading.
Of course Mr. Gross was making plenty of money too, and it
sort of jumps off the page that the lawsuit assigns responsibility to everyone
but Mr. Gross for the trips that he himself made to Cuba, even after perceiving
the dangers. It should also be noted
that while Mr. Gross was issuing his warnings, he also continued his modus operandi of traveling to Cuba
along with American Jewish delegations and having unwitting members of those
delegations carry some of his equipment.
Not a nice guy.
The lawsuit seeks payment of
damages from DAI and the U.S. government, and it is clearly part of a strategy
to press the Obama Administration to negotiate for Mr. Gross’ release. In that vein, the lawyer’s threat to use the discovery
process to disclose lots if information about USAID’s Cuba activities give the
Administration heartburn. As for the
contention that the government was negligent, I don’t know if I have ever seen
a USAID document about the Cuba program that does not warn of the risks involved
in its Cuba operations, and some even state explicitly that the program
violates Cuban law.
More background: on the Cuban
case against Mr. Gross; on the U.S. government’s handling of the case (here
and here)
and everything I have ever posted on the case here.